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09-01-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 01, 2015, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 MINUTES Mayor Sykes called to order the regular closed session meeting of the West Covina City Council at 6:03 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina. ROLL CALL Present: Mayor Sykes, Mayor Pro Tern Toma Councilmembers Spence (arrived at 6:17 p.m., Warshaw, Wong Others Present: Mauk, Freeland, Barlow, Morales, Crown PUBLIC COMMENTS ON ITEMS ON THE AGENDA None CLOSED SESSION Mayor Sykes commenced the closed session at 6:08 p.m. to discuss the following matter(s): CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: 2400 Azusa Avenue 811 South Sunset Tuesday September 01, 2015 2650 East Shadow Oak Drive 2501 Cortez Street 2121 East Shadow Oak Drive 625 East Merced Avenue Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Landmark Dividend Under Negotiation: Both price and terms of lease CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Citrus and Cameron, Grand and Garvey Avenue North, Grand and Cortez, Grand and Virginia, Mountain Ridge and Horizon Hills Agency Negotiator: Mauk, Freeland Negotiating Parties: MOBILITIE, LLC Under Negotiation: Both price and terms of lease CONFERENCE WITH PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 851 S. Sunset Avenue Agency Negotiator: Mauk, Freeland Negotiating Parties: Citrus Valley Health Partners Under Negotiation: Price CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Pursuant to Government Code $ 54956.9(dhD Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Barlow • Employee Organizations - Unrepresented Employees: City Manager & Police Chief PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code § 54957 Title: City Manager ADJOURNMENT Mayor Sykes adjourned the meeting at 6:50 p.m. Tuesday September 01, 2015 Submitted by: R salia.A. Con e, . M Assistant City Clerk 4�7= 4-711� Ja es Toma yor CITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 01, 2015, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Fredrick Sykes called the meeting to order at 7:11 p.m. INVOCATION — Led by Pastor Mason Okubo, Immanuel I" Lutheran Church PLEDGE OF ALLEGIANCE — Led by Councilmember Wong ROLLCALL Mayor Sykes, Mayor Pro Tern Toma, Councilmembers Spence, Warshaw, Wong REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Govermnent Code & 54956.8 Property: 2400 Azusa Avenue 811 South Sunset 2650 East Shadow Oak Drive 2501 Cortez Street 2121 East Shadow Oak Drive 625 East Merced Avenue Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Landmark Dividend Under Negotiation: Both price and terms of lease Tuesday September 01, 2015 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: Citrus and Cameron, Grand and Garvey Avenue North, Grand and Cortez, Grand and Virginia, Mountain Ridge and Horizon Hills Agency Negotiator: Mauk, Freeland Negotiating Parties: MOBILITIE, LLC Under Negotiation: Both price and terms of lease CONFERENCE WITH PROPERTY NEGOTIATORS Pursuant to Government Code � 54956.8 Property: 851 S. Sunset Avenue Agency Negotiator: Mauk, Freeland Negotiating Parties: Citrus Valley Health Partners Under Negotiation: Price CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Pursuant to Government Code & 54956.9(d)(3) Number of Cases: One (l ) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Barlow • Employee Organizations - Unrepresented Employees: City Manager & Police Chief PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code § 54957 Title: City Manager City Attorney Kimberly Barlow stated Council provided direction, but there was no reportable action taken. CHANGES TO THE AGENDA None. PRESENTATIONS Mayor Sykes presented a Certificate of Recognition celebrating the West Covina Library Centennial celebration to Wen Wen Zhang, Library Manager and Angie Gillingham, President of the Friends of the Library. Mayor Sykes, assisted by Ms. Zhang and Ms. Gillingham, presented a Certificate of Recognition to Tiffany Dinh who designed the Library's Centennial Logo. Tuesday September 01, 2015 Mayor Sykes presented Certificates of Recognition to Hector Galicia, Principal of Hollencrest Middle School; Rich Nambu, Principal of Walnut Grove Intermediate School; and Marc Travatore, Principal of West Covina High School for their schools being recognized by the State of California as Gold Ribbon Schools. ORAL COMMUNICATIONS - Five (5) minutes per sneaker John Shewmaker, West Covina resident, spoke on upcoming municipal election process and citizens involvement. John Solis, West Covina resident, spoke in opposition to the proposed lease agreement for a cell tower at Shadow Oak Park. Irene Fleck, representing the West Covina Library, announced the upcoming Library Centennial Celebration. Lloyd Johnson, West Covina resident, addressed Council's previous action pertaining to Council's vote regarding military recruiting centers and gun containment, and requested explanation for regarding Item No. 16 [Oral Communication]. Elsie Messman, West Covina resident, spoke on audit, Shadow Oak Park cell tower lease, street sweeping contract; and various city issues. Bruce Leinbach, West Covina resident, spoke on the Cameron Bowl game between West Covina High School and South Hills High School; Athens Disposal contract; and proposed changes to oral communications. Lola Finley, West Covina resident, addressed State audit, cell tower lease agreement at Shadow Oak Park, park improvements at Cortez Park, change of oral communication speaking time. Lynn Bubbert, West Covina resident, addressed proposed change to oral communications and opposed proposed cell towers. Lawrence Shih, representative from Supervisor Hilda Solis' Office, introduced himself to the Council and spoke on the upcoming library Centennial celebration. Sheena Heng, West Covina resident, addressed her opposition to the proposed cell tower. Mayor Sykes read into the record that Ed Spik was not able to attend but did call to express his opposition to reducing oral communication time from 5 minutes to 3 minutes per speaker. Assistant City Manager Freeland addressed comments brought forth by speakers. City Attorney Barlow addressed concerns regarding cell towers. 3 Tuesday September 01, 2015 Mayor Sykes addressed speaker's comments towards his previous comments and actions. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) January 20, 2015 Regular City Council/Community Development Commission Meeting Minutes February 3, 2015 Special City Council Meeting Minutes February 3, 2015 Regular City Council Meeting Minutes Motion by Warshaw and seconded by Wong to receive & file with the record reflecting that Wong abstained due to his not being on the Council at those meetings. Motion carried 4-0-1. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None ABSTAIN: Wong COMMISSION SUMMARY OF ACTIONS (receive & file) 2) August 25, 2015 Planning Commission Meeting Summary of Actions Motion by Warshaw and seconded by Wong to receive & file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None AWARD OF BID 3) Park Shelter Improvements at Cortez Park It is recommended that the City Council take the following actions: 1. Approve contract with Innovative Playgrounds of Whittier, California, representing BCI Burke Playgrounds for the purchase and installation of park shelter equipment in the amount of $106,255.34; and 2. Confirm the Finance Department/Purchasing Officer's findings that the purchase and installation of park shelter equipment through The Cooperative Purchasing Network (TCPN) satisfies West Covina's bid process as stated in the West Covina Municipal Code Chapter 2, Article VI I, Division 2, Sec. 2-333 (i) (2); and Tuesday September 01, 2015 3. Appropriate additional $30,000 from Park Dedication Fees (Fund 174) to cover shortfall in funding. Motion by Warshaw and seconded b Wong to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None CITY MANAGER'S OFFICE 4) Cell Tower Lease Agreement - Shadow Oak Park It is recommended that the City Council approve the lease agreement between the City of West Covina and Verizon Wireless for a cell tower at Shadow Oak Park. This item was removed from the Consent calendar for separate consideration. Council engaged in lengthy discussion expressing their views which included resident concerns, gaps in coverage due to hills, research for placement of towers for broadest coverage, aesthetics of proposed tower, and use of revenue. Councilman Spence concerned with proposed changes that differ from those negotiated in closed session. Motion by Warshaw to approve agreement with revenue to be used within the park for maintenance and refurbishment. Motion failed due to a lack of second. Motion by Wong and seconded by Spence to approve as recommended by staff with Council having future discretion as to how revenues are expended. Motion carried 3-2. AYES: Spence, Warshaw, Wong NOES: Toma, Sykes ABSENT: None COMMUNITY DEVELOPMENT COMMISSION 5) Penske Audi Soundwall It is recommended that the City Council authorize the City Manager to approve a second 120-day extension for Penske Audi to complete construction of the masonry block wall on the property pursuant to the executed Agreement for Construction and Maintenance of a Soundwall between the City of West Covina and Penske Audi. Councilmember Warshaw stated the requested extension is due to delays created by CalTrans. Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes 5 Tuesday September 01, 2015 NOES: None ABSENT: None COMMUNITY SERVICES DEPARTMENT 6) Renewal of Galster Park Nature Center Operations Agreement with the San Gabriel Mountains Regional Conservancy It is recommended that the City Council continue the partnership with the San Gabriel Mountains Regional Conservancy and approve a three (3) year renewal of the Galster Park Nature Center operations agreement. Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None FINANCE DEPARTMENT 7) FY 14/15 and 15/16 Budget Amendments It is recommended that the City Council approve the proposed FY 14/15 and FY 15/16 Budget Amendments. Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 8) Loan Agreement Concerning Litigation Fees Incurred for the ROPS Periods of February 2012 to .tune 2012, July 2012 to December 2012, and January 2014 to June 2014 which Exceeded the Litigation Cost Estimates for those Same Periods It is recommended that the City Council approve the Loan Agreement concerning Litigation Fees incurred for the ROPS periods of February 2012 to June 2012, July 2012 to December 2012, and January 2014 to .tune 2014 that exceeded litigation cost estimates for those same periods. Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 6 Tuesday September 01, 2015 9) Cost Allocation Plan and Fee Study It is recommended that City Council award the contract for a Cost Allocation Plan and Comprehensive Fee & Charge Study to Willdan Financial Services in the amount of $36,510. This item was removed from the Consent Calendarfor separate consideration. Councilman Spence expressed his opposition. Motion by Wong and seconded by Warshaw to approve. Motion carried 4-1. YES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None 10) Approve Renewal of Letter of Credit for the 1999 Tax Allocation Bonds It is recommended that the West Covina Public Financing Authority Board adopt the following resolution: RESOLUTION NO. 2015-65 - A RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH This item was removed from the Consent Calendar for separate consideration. Mayor Pro Tern Toma expressed his support but inquired into the long term future of the bonds. Motion by Toma and seconded by Warshaw to adopt Resolution No. 2015-65. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None PUBLIC WORKS 11) Professional Services Agreement with NCE for Pavement Management System 2015 Update It is recommended that the City Council approve the professional services agreement with NCE in the amount of $62,200 to update the City of West Covina's Pavement Management System. Motion by Warshaw and seconded by Wong to approve. Motion carried 5-0. 7 Tuesday September 01, 2015 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 12) Agreement with Willdan Engineering for City Traffic Engineering Services It is recommended that the City Council approve the agreement with Willdan Engineering in the amount not to exceed $90,000 to provide City traffic engineering services. This item was removed from the Consent Calendar for separate consideration. Councilman Spence stated his concern of hiring a consultant when the position which was handling the duties was reclassified and to not include such duties and the additional expenses of a consultant which was not included in the budget. Assistant City Manager responded. Motion by Warshaw and seconded by Toma to approve. Motion carried 4-1. AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None 13) Nationwide Environmental Services Agreement It is recommended that the City Council authorize staff to provide written notice of termination to Nationwide Environmental Services and prepare amended and restated agreement for the remaining 15 years of street sweeping services. This item was removed from the Consent Calendar.for separate consideration. Council discussion included issues of long term contracts and revisions to contract. Council discussion confirmed that this item is to terminate evergreen contract and new agreement will be forthcoming. Motion by Spence and seconded by Warshaw to approve staff recommendation. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 14) Code Amendment No. 14-01 Adult Oriented Businesses 8 Tuesday September 01, 2015 General Exemption It is recommended that the City Council introduce the following ordinance: ORDINANCE NO. 2283 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO ADULT ORIENTED BUSINESSES Mayor Sykes introduce the hearing matter, Assistant City Clerk Conde verified proper legal notice was given and Mayor Sykes opened the hearing. Planning Director Anderson presented the staff report reviewing the proposed code amendment, presented a PowerPoint presentation and answered questions. Mayor Sykes opened the public testimony period of the hearing. Jefferson DeRoux, West Covina resident, requested Council consider imposing employee regulations on similar businesses (i.e. Spencer's, Hooters). With no one else wishing to speak, Mayor Sykes closed the public testimony period. Motion by Toma and seconded by Spence to continue the item to October 6 to allow the Council to further review the alternative as recommended by staff and the Planning Commission. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None SUCCESSOR AGENCY The City Council meeting recessed at 9:50 p.m. to conduct the Successor Agency meeting. The City Council reconvened at 9:54 p.m. with all members present. MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 15) Ambulance Subscription Program Update It is recommended that the City Council continue the Ambulance Subscription Program at its current rate. Assistant City Manager Freeland presented the staff report. Motion by Wong and seconded by Tome to receive and file. Motion carried 5-0. I Tuesday September 01, 2015 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None COUNCILMEMBER BEN WONG 16) Amendment of West Covina Municipal Code Pertaining to Procedures Addressing the City Council During Council Meetings It is recommended that the City Council provide City Staff direction on this matter. Councilmember Wong addressed the issue and his proposal and clarified his intent is to not suppress public comment but to suggest giving priority to those public speakers speaking on agenda items at the beginning of the meeting and allow public comments on non -agenda items towards the end of the meeting to expedite the business listed on the agenda. Council engaged in discussion expressing their views on allotted time to speak, when during the meeting speakers should speak and submission of written communication. Councilmember Warshaw proposed a 15 minute period at the beginning of the meeting for speakers to speak on non-agendized items on a first come, first served basis. Motion by Warshaw and seconded by Wong to allow 15 oral communication period at the beginning of the meeting for non-agendized item with balance of speakers on non-agendized items to be at the end of the meeting for up to five minutes each speaker, and to allow speakers to speak on agenda items following the non-agendized items [during Oral Communications] or during the presentation of each agenda item for three minutes each. Mayor Sykes requested Council consensus to allow additional public comments on the subject. Elsie Messman, West Covina resident, spoke in opposition to the proposal requesting no changes be made. Jefferson DeRoux, West Covina resident, spoke in opposition as the proposal will increase overall public continents. Following further Council discussion, by roll call vote the motion failed 2-3. AYES: Warshaw, Wong NOES: Spence, Toma, Sykes ABSENT: None Motion by Wong and seconded by Toma have all oral communication on non-agendized items at the end of the meeting and allow oral communication on agendized items for three minutes each either during Oral Communications at the beginning of the meeting or at the time the item is presented. Motion failed 3-2. 10 Tuesday September 01, 2015 AYES: Toma, Wong NOES: Spence, Warshaw, Sykes ABSENT: None AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Councilman Spence thanked the Councilmembers that attended the SCAG (Southern California Association of Government) meeting supporting Mr. Spence's effort for appointment to the Transportation Committee. Councilmember Warshaw reported on his attendance at the Foothill Transit Board meeting. Mayor Pro Tern Toma reported on his attendance at the Water Conference Summit hosted by Congresswoman Napolitano at Cal Poly Pomona. Mayor Sykes also addressed his attendance to the summit on water hosted by Congresswoman Napolitano. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rides 9.f- Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community Development Commission.) CITY COUNCIL COMMENTS Councilmember Warshaw requested to agendize the establishment of a policy on legal fees review as identified with the State audit. Councilman Spence thanked staff for reopening passport services and requested to agendize a report on taxi policy. ADJOURNMENT Motion by Wong and seconded by Warshaw to adjourn at 10:17 p.m. in memory of Michael Shore, husband of Community Services staff Marie Shore. Motion carried 5-0 St ttte�(d/byy.- I.\ � RoAMa A. Conde, (! Assistant City Clerk 11 �Jamo Toma M or